M'Kibbin's Estate

Citations

• 21 Pa. Super. 578
• 1902 Pa. Super. LEXIS 412

Syllabus

<p>Will — On&rous and beneficial properties — Devise.</p> <p>Where onerous and beneficial properties are included in a single and undivided gift or devise, the donee or devisee cannot reject the onerous and accept the beneficial; he must take the whole or nothing.</p> <p>Testatrix in one clause of her will directed as follows : “I give and devise all the lands of which I may die seized in Tulton county to my three surviving sons absolutely and in fee to be equally divided among them, share and share alike, those taking however at the settlement of my estate as hereinafter provided to account to the other distributees for such lands at the rate of $5.00 per acre, and the lands so divided to be considered as cash payments on account of each son’s distributive share at the said rate.” In another clause she provided “ and subject to the advancements to my children in lands as heretofore mentioned and at the price designated by me either already taken or to be taken after my decease, I direct my executors to divide .... the rest and residue of my estate which may be in their possession into eight equal parts, and to pay over and deliver one of said equal eight parts to each of my children,” including therein the three sons. The three'sons were appointed executors. Two of them took out letters. The three sons did not accept the devise of the lands in Tulton county. The lands were sold by the executors and by leave of court they bid in the land at the sale for something less than $600, whereas at a valuation of $5.00 per acre they would have represented the sum of nearly $5,000.” Held, that the two clauses of the will were interdependent, and that the result of the provision in respect to the Tulton county lands was to bind together the devise to the sons and their shares in distribution so that the resultant would be the acceptance of both benefits burdened with the charge as to the land.</p> <p>Will — Annual payments to legatees — Advancements.</p> <p>Where testatrix dir